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EN BANC G.R. No. 216572 (Feliciano P. Legaspi v. Commission on Elections, A(fredo D. Germar, and Rogelio P. Santos, Jr.) Promulgated: DISSENTING OPINION VELASCO, JR., J.: Nature of the Case For resolution is a Petition for Certiorari under Rule 64 of the Rules of Comi assailing the January 28, 2015 Order 1 of public respondent Commission on Elections (COMELEC) in SPA No. 13-353 (DC). Said Order dismissed petitioner Feliciano Legaspi 's Petition for Disqualification lodged against private respondents. The Facts Petitioner and private respondent Alfredo D. Germar (Germar) both ran as mayoralty candidates in Norzagaray, Bulacan in the May 13, 2013 elections. Meanwhile, private respondent Rogelio Santos (Santos) was a candidate for councilor in that electoral exercise of the same local government unit. Petitioner averred that respondents' political leaders engaged in massive vote-buying from May 11, 2013 until election day. According to his witnesses' accounts, said political leaders, while camped inside the Nmih Hills Village Homeowners Association Office in the locality, were distributing to voters envelopes containing Five Hundred Pesos (P500) each and a sample ballot containing the names of respondents. Through military J effmis, so petitioner alleged, the vote-buying was foiled and the office, which served as the venue for distribution, padlocked. In spite of an attempt by the newly-minted Chief of Police, P/Supt. Dale Soliba, and his subordinates to force open the office and retrieve from inside four (4) boxes containing the remaining undistributed envelopes with an estimated aggregate amount of Eight Hundred Thousand Pesos (P800,000), a group of concerned citizens were able to thwart their plan in jlagrante delicto and intercept the said evidence of vote-buying. 2 1 Rollo. p. 99 103. =' Id. at 60.

x--------------------------------------------------------------~-~~~~...I) Sinumpaang Salaysay of Kagawad Helen Viola, Ma. Joanna Abesamis, Jaimenito Magat, Danny Mendoza and Teodorico

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